1 2026:CGHC:23042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4588 of 2026 • Birendra Sahu S/o Baratu Ram Sahu Aged About 35 Years R/o Sheetla Nagar, Rasmada, Chowki Anjora, Durg, Police Station Pulgaon, Tahsil And District- Durg (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, Police Station Pulgaon, District- Durg (C.G.) (As Per F I R) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Praveen Dhurandhar, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/05/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.555/2025 registered at Police Station Pulgaon, District-Durg (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2. Case of the prosecution, in brief, is that on 17.11.2025 at about 2.35 p.m., the accused was caught by the police with country made liquor to the tune of 5.040 bulk liter, which is evident from the copy of FIR. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 18:20:08 +0530 2 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 17.11.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the 15 criminal cases have been registered against the applicant under various Acts, 11 of which under the Excise Act; and the details of all these cases have been mentioned in Paragraph 4(a) of the bail application and he is a habitual offender. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has not been filed before the competent Court and the present applicant has 11 criminal antecedent under the Excise Act, out of which 4 cases still pending for their conclusion and he is a habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 5.040 bulk liters country made liquor and also in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had 3 previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant- Birendra Sahu, filed under Section 439 of the Cr.P.C., involved in Crime No. 555/2025 registered at Police Station Pulgaon, District-Durg (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice Vaishali